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Montana Name Change Petition

In Montana an adult files a name change petition in the District Court of the county where they live, and notice of the hearing is published for four successive weeks. Attorney review available.

Introduction

A name change petition is the court filing an adult uses to legally change their own name, and Montana requires notice of your hearing to run for four successive weeks, or to be posted in three public places where no county newspaper exists. In Montana you file the petition in the District Court of the county where you reside (Montana Code Annotated Section 27-31-101). Montana requires notice of the time and place of the hearing to be published for four successive weeks in a newspaper published in the county, or, if no newspaper is printed there, posted in at least three public places in the county for four successive weeks (Section 27-31-201(1)). At the hearing, on proof that the required notice was published or posted, the court hears the application and may examine you on oath (Section 27-31-203). If your safety is at risk, the court may allow the petition to proceed on a sealed-record basis when it is satisfied you are not trying to avoid a debt or hide a criminal record, and that request must be set out in the petition (Section 27-31-201(3)). After the order is signed, you use certified copies to update Social Security, your Montana driver license, and other records. DocDraft builds your Montana name change petition from your facts, with attorney review available before you file.

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Key Things to Know

  1. 1

    In Montana a name change petition is the court filing an adult uses to legally change their own name, and at the hearing the judge may examine you on oath before signing the order that makes the new name your legal name.

  2. 2

    You file the petition in the District Court of the county where you reside (Montana Code Annotated Section 27-31-101).

  3. 3

    Montana requires notice of the time and place of the hearing to be published for four successive weeks in a newspaper published in the county, or posted in at least three public places for four successive weeks if no county newspaper exists (Section 27-31-201(1)).

  4. 4

    If publication would put you at risk, the court may allow the petition to proceed on a sealed-record basis when it is satisfied you are not avoiding a debt or hiding a criminal record; that request must be stated in the petition (Section 27-31-201(3)).

  5. 5

    The petition must set out your place of birth and residence, your present name, the name proposed, and the reason for the change (Montana Code Annotated Section 27-31-101).

  6. 6

    A hearing is held; on the day set, after proof that the required notice was published or posted, the court hears the application and may examine you on oath, and any person may file objections showing good reasons against the change (Sections 27-31-202 and 27-31-203).

  7. 7

    After the order is signed, order certified copies from the clerk of the district court to update Social Security, your Montana driver license or ID, your passport, and other records. The filing fee is set by the court and a fee waiver is available if you cannot afford it.

Key decisions before you file

Before you file a Name Change Petition in Montana, a few decisions shape the document: which option to choose and what each one means. The Name Change Petition guide walks through them.

Open the Name Change Petition guide

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MONTANA [JUDICIAL DISTRICT] DISTRICT COURT, COUNTY OF [COUNTY]

In re the Change of Name of [CURRENT LEGAL NAME], Petitioner.

Cause No. ______________

PETITION FOR CHANGE OF NAME (Montana Code Annotated Section 27-31-101 et seq.)

Petitioner respectfully alleges:

  1. Petitioner. Petitioner's present legal name is [CURRENT LEGAL NAME]. Petitioner was born in [PLACE OF BIRTH] and is over 18 years of age.

  2. Residence and venue. Petitioner resides at [STREET ADDRESS], [CITY], [COUNTY] County, Montana. This application is made to the District Court of the county where petitioner resides, as required by Montana Code Annotated Section 27-31-101.

  3. Present and proposed name. Petitioner asks the Court to change petitioner's name from [CURRENT LEGAL NAME] to [REQUESTED NEW NAME].

  4. Reason. The reason for the requested change is [REASON, for example to use a name petitioner has long gone by, following a divorce, or to align petitioner's legal name with petitioner's identity].

  5. Good faith. This petition is made in good faith. The change is not sought to defraud any creditor, to evade any legal obligation, judgment, or criminal record, or for any fraudulent or other unlawful purpose.

  6. Publication of notice. Petitioner understands that notice of the time and place of the hearing on this petition must be published for four successive weeks in a newspaper published in this county, or, if no newspaper is printed in the county, posted in at least three public places in the county for four successive weeks, as provided by Montana Code Annotated Section 27-31-201(1).

  7. Request to seal (if applicable). [If petitioner's safety is at risk: Petitioner asks that this petition proceed on a sealed-record basis under Montana Code Annotated Section 27-31-201(3). Probable cause exists that petitioner's safety is at risk, and petitioner is not attempting to avoid a debt or to hide a criminal record.]

  8. Hearing. Petitioner understands the Court will appoint a time for hearing, and that on the day set, upon proof that the required notice was published or posted, the Court will hear this application and may examine petitioner on oath (Montana Code Annotated Section 27-31-203).

WHEREFORE, petitioner asks the Court to enter an order changing petitioner's name from [CURRENT LEGAL NAME] to [REQUESTED NEW NAME], and for any further relief the Court finds proper.

Dated: [DATE]

[CURRENT LEGAL NAME], Petitioner

VERIFICATION

I declare under penalty of perjury under the laws of the State of Montana that the foregoing is true and correct.

Dated: [DATE]

[CURRENT LEGAL NAME], Petitioner

Note: This is a Montana adult name change petition drawn from Montana Code Annotated Section 27-31-101 et seq. Montana sets the court (District Court of the county where you live), the publication rule (notice of the hearing published for four successive weeks, or posted if no county newspaper), and the sealed-record option when the petitioner's safety is at risk. Confirm current district court forms and the filing fee with the clerk of court. For the generic template and other states, see the Name Change Petition hub.

Montana Requirements for Name Change Petition

District Court in Your County of Residence

An adult name change in Montana is filed in the District Court of the county where the petitioner resides. All applications for change of names must be made to the district court of the county where the person whose name is proposed to be changed resides, by petition signed by the person (Montana Code Annotated Section 27-31-101).

Residence and Venue

You file in the district court of the county where you reside, and the petition must set out your place of birth and residence, your present name, the name proposed, and the reason for the change (Montana Code Annotated Section 27-31-101). Montana sets no fixed durational residency period; the requirement is that you reside in the county where you file.

Publish Notice for Four Successive Weeks

Notice of the time and place of the hearing must be published for four successive weeks in a newspaper published in the county; if no newspaper is printed in the county, a copy of the notice must be posted in at least three public places in the county for four successive weeks (Montana Code Annotated Section 27-31-201(1)).

Present Name and Proposed New Name

The petition must state your present legal name and the exact new name you are requesting, along with your place of birth and residence (Montana Code Annotated Section 27-31-101). The court changes the name from the present name to the proposed name in its order.

Reason for the Change

The petition must state the reason for the requested name change (Montana Code Annotated Section 27-31-101). At the hearing the court or judge may examine on oath any of the petitioners or other persons touching the application (Montana Code Annotated Section 27-31-203).

Good Faith and No Fraud

State that the change is made in good faith and not to defraud a creditor, evade a legal obligation, judgment, or criminal record, or for any unlawful purpose. Montana conditions the sealed-record safety option on the judge being satisfied that the petitioner is not attempting to avoid debt or to hide a criminal record (Montana Code Annotated Section 27-31-201(3)).

Hearing and Objections

The court or judge appoints a time for hearing; on the day set, after proof that the required notice was published or posted, the application is heard and the court may examine the petitioner on oath (Montana Code Annotated Section 27-31-201 and Section 27-31-203). Before the hearing, any person may file objections showing good reasons against the change (Section 27-31-202).

Sealed Record for Safety and Certified Copies

If your safety is at risk, ask in the petition to proceed on a sealed-record basis; the court may allow it when it is satisfied you are not avoiding debt or hiding a criminal record, and the sealed papers are withheld from inspection except on court order (Montana Code Annotated Section 27-31-201(3)). After the order, order certified copies from the clerk to update Social Security, your Montana driver license or ID, and other records. The filing fee is set by the court and a fee waiver is available.

Frequently Asked Questions

A name change petition is the court document an adult files in Montana to legally change their own name. You state your place of birth and residence, your present name and the new name you want, and the reason for the change. After notice of the hearing is published for four successive weeks and the court hears the application, a District Court judge signs an order that makes the new name your legal name (Montana Code Annotated Section 27-31-101 and Section 27-31-201).

In Montana you file a petition for change of name in the District Court of the county where you live, setting out your place of birth, residence, present name, proposed name, and the reason (Montana Code Annotated Section 27-31-101). You publish notice of the time and place of the hearing for four successive weeks in a county newspaper (Section 27-31-201(1)), and at the hearing the court hears the application on proof of publication (Section 27-31-203). You then use certified copies of the order to update your records.

Yes, for a general adult name change. Montana requires notice of the time and place of the hearing to be published for four successive weeks in a newspaper published in the county, or, if no newspaper is printed there, posted in at least three public places in the county for four successive weeks (Montana Code Annotated Section 27-31-201(1)). If publication would put your safety at risk, the court may instead allow the petition to proceed on a sealed-record basis (Section 27-31-201(3)).

An adult name change in Montana is heard by the District Court. By statute, all applications for change of names must be made to the district court of the county where the person resides (Montana Code Annotated Section 27-31-101). Filing in the wrong county can delay your case, so file in the district court for the county where you live.

Montana requires you to file in the district court of the county where you reside, and the petition must state your place of birth and residence (Montana Code Annotated Section 27-31-101). The statute does not set a fixed number of months you must have lived in Montana or the county before filing; the key requirement is that you reside in the county where you file the application.

Yes. The court or judge appoints a time for hearing the petition, and on the day set, after proof that the required notice was published or posted, the application is heard and the court may examine you on oath (Montana Code Annotated Section 27-31-201 and Section 27-31-203). Before the hearing, any person may file objections showing good reasons against the change (Section 27-31-202).

Yes. Montana lets a petitioner ask to proceed on a sealed-record basis. The court may allow it when probable cause is shown that the petitioner's safety is at risk and the judge is satisfied the petitioner is not attempting to avoid debt or to hide a criminal record; the request must be set forth in the petition (Montana Code Annotated Section 27-31-201(3)). Sealed papers are kept as a permanent court record and withheld from inspection except on court order.

Once the District Court judge signs the order changing your name, order several certified copies from the clerk of the district court. Use them to update your Social Security record first, then your Montana driver license or ID, your passport, and then banks, employers, and other accounts. Each agency has its own process, but the certified order is the document that proves your new legal name. Keep at least one certified copy for your records.